NOI# 2023-074 - Exit 286 Construction Contract Administration Services NOI

Notice of Intent (“NOI”)
Issue date:                                          August 20, 2023
NOI Closing Date and Time:         August 31, 2023 at 2:00 pm, local time.
 

1. Overview of Contemplated Contract:

• Contract Administration services will be provided over a maximum period of 12 months, during the period September, 2023 to August, 2024. 
• The services provided by the Consultant will include;
  • Master Municipal Construction Documents 2009 (www.mmcd.net) Contract Administration, including; Payment Certification, Administration of Change Orders, and other activities as defined in the MMCD 2009 Unit Price Contract.
  • Construction Inspection will be required for two distinct workflows for underground servicing and above ground infrastructure.
  • Coordination with the Engineer of Record (EOR) for decision-making related to changes affecting the approved design.
  • Management/coordination of permits held or awaiting approval, and processes required under those permits.
• Staff positions provided by the Consultant as part of the services will include; Construction inspection as a full-time commitment, and Contract Administrator.
• The total number of hours of services to be provided across all positions are not anticipated to exceed 1,500 hours over a full 8-month term.

2. Contract Term and Maximum Contract Value:

3. Rationale for Contemplating a Direct Award:

1. The City believes, but cannot strictly prove, the Consultant is the only vendor with the required background knowledge, recent project-specific experience and organizational setup (team members and locations) that can provide the services required of this contract within the required timeframe and cost efficiency.

2. Specifically, the City believes that statements made in 3. a) because of the following:
   1. The Consultant was the design engineer for the Exit 286 Offsite Service Extension project, and is the Engineer of Record that created the MMCD Supplementary Drawings and Specifications.
   2. Construction related activities on the project are due to commence on September 4th (latest date of contract award), and the required MMCD Contract Administration Services are required to commence on that date.  By virtue of its position as Project Engineer, this Consultant is already familiar with the Project and is ready to commence the services on this date.
   3. The Consultant has MMCD Certified Contract Administrators that are familiar with the Project, that are located within a 1-hour drive of the Project work location, which is necessary to facilitate regular meetings and construction inspections.
   4. The Consultant has established relationships required for the project, including regulatory permitting and First Nations project oversight.
   5. Introducing separate consultants to the project for Contract Administration and EOR work will add coordination and cost challenges for the project delivery by the City.

4. Challenges to this NOI:

• meet the contract service pre-requisites detailed in 3 b) i. to iv., and
• can overcome the issues detailed in 3 b) v.;

1. Submission of Challenges:
   1. Any Challenge submitted to this NOI is required to be in English and must be submitted in writing via email to the Official Contact only.  The ‘Official Contact’ is: the City’s Director of Public Works & Engineering Services  – Rick Green (Email Address: rick.green@merritt.ca).
   2. Challenges to the NOI must be received by the Official Contact, at the email address above, before the NOI Closing Date and Time.  Challenges received after the NOI Closing Date and Time will be disregarded.
   3. Challenges to this NOI must include the following information at a minimum:
      • The legal name of the individual/organization submitting the Challenge.
      • The reason for the Challenge.
      • A statement confirming that the individual/organization submitting the Challenge can provide the Services outlined in section 1.  This should also include an explanation of why the items specifically listed in 3. b) i., ii., iii., iv., and v. do not make the Consultant the only vendor that can perform those services within the required timeframe and cost efficiency.
      • Signature and date of the individual or officer of the organization submitting the Challenge.

2. Review of Challenges:
   1. If the City receives a Challenge to the NOI before the Closing Date and Time, the City must assess whether the challenge is justified; and whether a competitive process should be undertaken.
   2. If no Challenges to the NOI are received prior to the Closing Date and Time or no Challenge is submitted which meets the requirements outlined in a) iii. that, in the sole opinion of the City, warrants the City issuing a public competition for the contemplated contract; then the City may commence contract negotiations with the Consultant for the services described in the NOI.

5. Enquiries Made to the Official Contact:

6. Ownership of Challenges

7. Respondent Expenses